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(영문) 서울중앙지방법원 2014.04.10 2013가합514132
손해배상(지)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a multilanguage specialized translation company, and Defendant A served as the employee of the Plaintiff Company B from October 1, 2008 to January 31, 2012, and was employed as the employee of the Plaintiff Company as the employee of the Plaintiff Company B. On March 2012, 2012 after withdrawal of the Plaintiff Company, the Plaintiff Company was employed in Defendant Scane (hereinafter “Defendant Company”).

B. On January 31, 2012, Defendant A, at the time of retirement of the Plaintiff Company, drafted a retirement pledge (hereinafter “instant pledge”) containing the following contents.

2. I may not transfer to another business entity or competitor with respect to the trade secret of your company for one year after his retirement.

3. If the principal violates the foregoing paragraph 2, you will compensate for the amount equivalent to the annual salary at the time of retirement as penalty.

C. Around August 2012, Defendant A sent to the Defendant Company a medal indicating that he/she would make a transaction with the Defendant Company to some translations who traded with the Plaintiff Company.

Plaintiff

On August 24, 2012, the company filed a complaint with the Seoul Geumcheon Police Station on the violation of the Unfair Competition Prevention and Trade Secret Protection Act. On August 28, 2012, the company filed a complaint with the Defendant A on the 28th of the same month, stating that “the Plaintiff will destroy the list and customer list acquired by the Plaintiff Company, and withdraw the Defendant Company.”

[Reasons for Recognition] The facts without dispute, Gap evidence 6 through 12, 15, Eul evidence 1 (including Serial number), the purport of the whole pleadings

2. The parties' assertion

A. Defendant A (a) retired from the Plaintiff Company, and Defendant A (a) retired from the Plaintiff Company, and the list of translations as shown in attached Table 1, a trade secret (hereinafter “instant list”).

(2) A list of customer companies listed in [Attachment 2] and attached Form 2 (hereinafter “the list of customer companies of this case”).

B) illegally putting them in a portable storage device, and used them for the work by joining the defendant company.

Therefore, the defendant A is within one year after his retirement.

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